Family of former UCF football player Ereck Plancher suffer another appeal setback

UCF wide receiver Ereck Plancher died on March 18, 2008, in Orlando…

September 6, 2013|By Iliana Limón Romero, Orlando Sentinel

The family of former UCF football player Ereck Plancher suffered another setback Friday.

The 5th District Court of Appeal stood by its original decision that impacts how much the family could be paid by the UCF Athletic Association in damages associated with his death. The court refused to certify a motion for appeal questions filed by Plancher family attorneys.

The appeal questions flag the case as an issue the Florida Supreme Court should review. The Plancher family attorneys are hoping the Florida Supreme Court will still hear the case, but they face a tougher path without support from the 5th District Court of Appeal.

In June 2011, a jury determined UCFAA was negligent in Plancher’s death following offseason conditioning drills supervised by the Knights coaching staff and awarded his parents $10 million in damages.

However, the 5th District Court of Appeal ruled in August UCF’s athletic department can be treated as a state agency even though it has some traits of a private corporation. The ruling means UCFAA is eligible for sovereign immunity and can only pay the Planchers $200,000.

Payment of the remainder of the jury judgment must be approved by the state Legislature. Florida is one of at least 33 states with a law that limits damages paid by state agencies in connection with civil claims to protect taxpayers from an undue burden.

The Plancher attorneys attacked both the structure of UCFAA and Great American Assurance Co., the UCF athletic department’s insurance company, in its appeal questions.

In addition to arguing UCFAA is a private corporation that should not be eligible for sovereign immunity, the Plancher attorneys noted UCFAA had multiple insurance policies for $21 million and Great American should not be cleared of paying damages by court’s ruling.

Steve Yerrid, one of the Plancher attorneys, told the Sentinel Aug. 23 the family firmly believes a higher court will eventually make sure they receive the full amount awarded by the jury.

"When they heard about the appeal decision, they said, 'We believe in you and we know you're going to continue to act in our best interests. We trust in the system,' " Yerrid said. "They totally buy into the American system of justice, and they believe, at the end of the day, this will all not be for naught."